[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2513 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2513

             To repeal the Military Selective Service Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 1993

 Mr. Stark (for himself and Mr. Rohrabacher) introduced the following 
      bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
             To repeal the Military Selective Service Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REPEAL OF THE MILITARY SELECTIVE SERVICE ACT.

    (a) Repeal.--The Military Selective Service Act (50 U.S.C. App. 451 
et seq.) is repealed.
    (b) Transfers in Connection With Repeal.--Notwithstanding the 
proviso in section 10(a)(4) of the Military Selective Service Act (50 
U.S.C. App. 460(a)(4)), the Office of Selective Service Records shall 
not be reestablished upon the repeal of such Act. The assets, 
contracts, property, and records held by the Selective Service System, 
and the unexpended balances of any appropriations available to the 
Selective Service System, shall be transferred to the Administrator of 
General Services upon the repeal of such Act. The Director of the 
Office of Personnel Management shall assist officers and employees of 
the Selective Service System to transfer to other positions in the 
executive branch.
    (c) Conforming Amendments.--
            (1) Title 5.--Title 5, United States Code, is amended--
                    (A) by striking out section 3328;
                    (B) in section 3551--
                            (i) by striking out ``, on release from 
                        duty within the time limits specified in 
                        section 9(g) of the Military Selective Service 
                        Act of 1967 (50 U.S.C. App. 459(g)),''; and
                            (ii) by striking out the second sentence; 
                        and
                    (C) in section 5102(b), by striking out ``, 
                including positions'' and all that follows through 
                ``those positions''.
            (2) Title 8.--The Immigration and Nationality Act (8 U.S.C. 
        1101 et seq.) is amended--
                    (A) in section 101(a)(19) (8 U.S.C. 1101(a)(19))--
                            (i) by striking out ``section 3(a) of the 
                        Selective Training and Service Act of 1940, as 
                        amended (54 Stat. 885; 55 Stat. 844), or under 
                        section 4(a) of the Selective Service Act of 
                        1948, as amended (62 Stat. 605; 65 Stat. 76) or 
                        under''; and
                            (ii) by striking ``sections or'';
                    (B) in section 241(a)(2)(D)(iii) (8 U.S.C. 
                1251(a)(2)(D)(iii)), by striking out ``the Military 
                Selective Service Act (50 U.S.C. App. 451 et seq.) 
                or'';
                    (C) in section 245(a)(4) (8 U.S.C. 1255a(a)(4))--
                            (i) by adding ``and'' at the end of 
                        subparagraph (B);
                            (ii) by striking out ``, and'' at the end 
                        of subparagraph (C) and inserting in lieu 
                        thereof a period; and
                            (iii) by striking out subparagraph (D); and
                    (D) in section 315(b) (8 U.S.C. 1426(b)), by 
                inserting ``former'' before ``Selective Service 
                System''.
            (3) Title 10.--Title 10, United States Code, is amended--
                    (A) in section 511(b), by striking out ``, and who 
                is not under orders to report for induction into an 
                armed force under the Military Selective Service Act 
                (50 U.S.C. App. 451 et seq.),'';
                    (B) in section 511(d), by striking out ``and who is 
                not under orders to report for induction into an armed 
                force under the Military Selective Service Act (50 
                U.S.C. App. 451 et seq.), except as provided in section 
                6(c)(2)(A) (ii) and (iii) of such Act,'';
                    (C) in section 512(a)--
                            (i) by striking out ``or under the Military 
                        Selective Service Act (50 U.S.C. App. 451 et 
                        seq.),'' in the first sentence; and
                            (ii) by striking out ``or under the 
                        Military Selective Service Act (50 U.S.C. App. 
                        451 et seq.)'' in the third sentence;
                    (D) in section 513--
                            (i) in subsection (a), by striking out 
                        ``(except as provided in subsection (c))''; and
                            (ii) by striking out subsection (c);
                    (E) by striking out paragraph (7) of section 
                523(b);
                    (F) in section 595(a)--
                            (i) by striking out ``or under the Military 
                        Selective Service Act (50 U.S.C. App. 451 et 
                        seq.),'' in the first sentence; and
                            (ii) by striking out ``or under the 
                        Military Selective Service Act (50 U.S.C. App. 
                        451 et seq.)'' in the third sentence;
                    (G) in section 641(1)--
                            (i) by inserting ``or'' at the end of 
                        subparagraph (E);
                            (ii) by striking out subparagraph (F); and
                            (iii) by redesignating subparagraph
                    (G) as subparagraph (F);
                    (H) in section 651(a), by striking out ``, other 
                than a person deferred under the next to the last 
                sentence of section 6(d)(1) of the Military Selective 
                Service Act (50 U.S.C App. 456(d)(1))'';
                    (I) in section 1007--
                            (i) by striking out ``who is assigned to 
                        the Selective Service System or'';
                            (ii) by striking out ``assignment or''; and
                            (iii) by striking out ``assigned to the 
                        Selective Service System or'' in the section 
                        heading;
                    (J) in the table of contents at the beginning of 
                chapter 51, by striking out the item relating to 
                section 1007 and inserting in lieu thereof the 
                following new item:

``1007. Commissioned officers: retention in active status while serving 
                            as United States property and fiscal 
                            officers.''; and
                    (K) in section 1475(a)(5), by striking out ``who--
                '' and all that follows through the period and 
                inserting in lieu thereof ``who has been provisionally 
                accepted for that duty.''.
            (4) Title 22.--Section 23 of the Peace Corps Act (22 U.S.C. 
        2520) is repealed.
            (5) Title 26.--Section 3121(n)(5) of the Internal Revenue 
        Act of 1986 (26 U.S.C. 3121(n)(5)) is amended by striking out 
        ``service--'' and all that follows through ``or air service;'' 
        and inserting in lieu thereof ``service who has been 
        provisionally accepted for such duty;''.
            (6) Title 28.--Section 631(j) of title 28, United States 
        Code, is amended--
                    (A) in the first sentence of paragraph (1), by 
                striking out ``A magistrate who is inducted'' and all 
                that follows through ``with such forces'' and inserting 
                in lieu thereof ``A magistrate who is ordered to active 
                duty with the Armed Forces of the United States''; and
                    (B) in paragraph (2), by striking out ``receives a 
                certificate of service under section 9(a) of the 
                Military Selective Service Act of 1967 (50 U.S.C. App. 
                459(a)), or''.
            (7) Title 29.--The Job Training Partnership Act (29 U.S.C. 
        1501 et seq.) is amended--
                    (A) by striking out section 604 (29 U.S.C. 1504); 
                and
                    (B) by striking out subsection (b) of section 426 
                (29 U.S.C. 1696).
            (8) Title 37.--Title 37, United States Code, is amended--
                    (A) in section 301(a), by striking out the last 
                sentence; and
                    (B) in section 308e(1), by striking out ``or under 
                section 6(d)(1) of the Military Selective Service Act 
                (50 U.S.C. App. 456(d)(1)'' both places it appears.
            (9) Title 38.--Title 38, United States Code, is amended--
                    (A) in section 2021(a)--
                            (i) by striking out ``the Military 
                        Selective Service Act (or under any prior or 
                        subsequent corresponding law)'' and inserting 
                        in lieu thereof ``a law providing for such 
                        induction''; and
                            (ii) by striking out ``a certificate 
                        described in section 9(a) of the Military 
                        Selective Service Act (relating to the 
                        satisfactory completion of military service)'' 
                        and inserting in lieu thereof ``a certificate 
                        relating to the satisfactory completion of 
                        military service''; and
                    (B) in section 2024(a)--
                            (i) by striking out ``the provisions of the 
                        Military Selective Service Act (or prior or 
                        subsequent''; and
                            (ii) by striking out ``Armed Forces)'' and 
                        inserting in lieu thereof ``Armed Forces''.
            (10) Title 42.--(A) Section 210(m) of the Social Security 
        Act (42 U.S.C. 410(m)) is amended by striking out ``service--'' 
        and all that follows through ``or air service;'' and inserting 
        in lieu thereof ``service who has been provisionally accepted 
        for such duty;''.
            (B) Section 1007(b) of the Legal Services Corporation Act 
        (42 U.S.C. 2996f(b)) is amended by striking out paragraph (10) 
        and inserting in lieu thereof the following new paragraph:
            ``(10) to provide legal assistance with respect to any 
        proceeding or litigation arising out of desertion from the 
        Armed Forces.''.
    (d) Effective Date.--This Act, and the amendments made by this Act, 
shall take effect 180 days after the date of the enactment of this Act.

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